How have courts in England and Wales applied foreseeability of shock as a test in awarding damages for nervous shock?
Saskatchewan, Canada
The following excerpt is from Abramzik v. Brenner, 1967 CanLII 415 (SK CA):
In Boardman v. Sanderson [1964] 1 WLR 1317, 105 Sol J 152, the English court of appeal applied the foreseeability of shock as the test in finding the defendants liable for the shock suffered by the plaintiff. The same test was applied by Lord Denning, M.R. in delivering the judgment of the court of appeal in Cook v. Swinfen [1967] 1 WLR 457, when he said at p. 461: “In these circumstances I think that, just as in the law of tort, so also in the law of contract, damages can be recovered for nervous shock or anxiety state if it is a reasonably foreseeable consequence.”
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